KCC 87/2001
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Arbitration, General Construction Law, General Administrative Law & Judicial Review, Civil Courts, General Contract Law, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
8 Jun 2002
Catchwords
Arbitration – Bureau of Judicial Arbitration – Public Works – Construction – Administrative law – Court – Jurisdiction – Contract
This case involved a request to the bureau of judicial arbitration by a company for compensation for contract violations. This dispute involved public works and the key issue was whether the bureau had jurisdiction to hear such cases.
Background
A company requested the bureau of judicial arbitration to order the defendant to pay compensation for violations he had made.
The bureau stated it had no mandate to consider the case.
Decision
The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and that Kuwait Law No. 11/1995 included no clause that the bureau of judicial arbitration had no mandate to consider the disputes which resulted from administrative contracts.
The court stated this argument was invalid and stated the disputed contract was one of the public works contracts and so the bureau had no mandate to consider the dispute.
The court dismissed the appeal.